From Student to Settled: Navigating Your UK Visa Journey to Indefinite Leave to Remain

Many international students choose the UK not just for its world-class education but also for the long-term opportunities it offers. If you've been building your life here on student visas, the path to Indefinite Leave to Remain (ILR) – particularly through the 10-year long residence route – might be on your mind.

As UK Immigration Lawyers, we frequently receive queries from individuals seeking to understand their eligibility and how recent immigration policy changes might affect their journey. Let's break down the key considerations for students looking to transition to a Graduate visa and ultimately, to settlement in the UK.

The Graduate Visa: Your Bridge to Continued UK Residence

The Graduate visa route is a fantastic opportunity for international students who have successfully completed an eligible course at a UK Higher Education Provider. It allows you to stay in the UK for two years (three years for doctoral students) to work or look for work. This unsponsored route offers significant flexibility, meaning you don't need a job offer to apply.

Key points about the Graduate Visa:

• Eligibility: You must have successfully completed a UK degree (or eligible course), studied at a compliant Higher Education Provider, and hold valid Student or Tier 4 Student leave at the time of your application. You must apply from within the UK.

• Current Status (as of June 2025): While there have been discussions and proposals to reduce the Graduate visa's duration, it currently remains a two-year route for Bachelor's and Master's graduates. Any proposed changes in immigration white papers are not yet law and would require further parliamentary approval and consultation.

• Does it lead to ILR? The Graduate visa itself does not directly lead to settlement. However, the time you spend on a Graduate visa does count towards the 10-year long residence period for ILR. This is crucial for students aiming for permanent residence.

The 10-Year Long Residence Route to Indefinite Leave to Remain (ILR)

The 10-year long residence route is a vital pathway to settlement for individuals who have accumulated a decade of continuous lawful residence in the UK. Time spent on a Student visa and subsequently a Graduate visa can contribute to this period.

Understanding 'Continuous Lawful Residence' and Absences:

This is often the most complex aspect of the 10-year ILR application. The rules regarding absences from the UK are critical and have seen recent updates:

• Before 11 April 2024: For any part of your 10-year period falling before this date, you must not have been absent from the UK for more than 184 days in any single trip, and your total absences over the entire 10-year period should not exceed 548 days.

• From 11 April 2024 onwards: For any period of your residence falling on or after this date, the rule requires no more than 180 days outside the UK in any rolling 12-month period. The 548-day total absence limit for the entire 10-year period no longer applies to periods extending beyond this date.

• Calculating Absences: It's essential to be meticulous. Only full days count as absences; the day you leave and the day you return to the UK are not counted.

• Lawful Stay: Your entire 10-year period must be one of continuous lawful residence, meaning you must have always held valid immigration permission.

New Laws and the 10-Year ILR Route:

Recent government white papers have discussed increasing the standard qualifying period for ILR from five years to ten years for "some migrants." However, it's important to clarify that the 10-year long residence route already is a ten-year route. While there might be future changes regarding "earned settlement" based on contributions, the core 10-year long residence pathway itself is not currently set to be extended beyond ten years. These are proposals under consultation, and their retrospective application to those already in the UK is yet to be confirmed.

Applying for ILR:

When you apply for ILR under the 10-year route, you generally need to have held your current visa for at least 12 months. This is a recent requirement introduced on 11 April 2024. Therefore, if you transition to a Graduate visa, you would typically need to complete 12 months on that visa before you can submit your 10-year ILR application. You will also need to meet English language requirements and pass the Life in the UK test.

What You Should Do

1. Accurately Calculate Your Absences: Go through all your travel history meticulously from your first entry in 2017. Use your passport stamps, flight records, and any other evidence to create a precise log of your days outside the UK, applying the correct absence rules for each period.

2. Apply for Your Graduate Visa: If you meet the eligibility criteria, proceed with your Graduate visa application to ensure you continue building your lawful residence in the UK.

3. Plan Your ILR Application: Keep track of your continuous residence. Once you accumulate 10 years and have been on your current visa for at least 12 months, you can prepare your ILR application.

4. Stay Informed: Immigration rules can change. Keep an eye on official announcements from the Home Office or consult with qualified immigration lawyers for the latest updates.

Navigating the UK's immigration system can be complex, and ensuring you meet all criteria is paramount for a successful application. As UK Immigration Lawyers, we are here to provide tailored advice and support you throughout your journey from student to settled status.

General Information Notice: Please note that the content provided here is for informational purposes only and is not a substitute for legal immigration advice. We are not responsible for any actions taken based on this free information.

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